Strickland v. Boswell

Smith, Judge.

Appellant brought an action in which he prayed for $3,000 in damages. It is unclear from the complaint whether the action sounds in tort or contract. The trial court directed a verdict against appellant, holding “that the evidence unobjected to by the plaintiff which was brought out during the course of said trial showed that the breach of duty alleged on the part of John S. Boswell, Sr. was more than four (4) years prior to the time of filing the complaint...” Appellant contends the six-year limitation of Code § 3-705 is controlling and, therefore, his claim is not barred.

“No…